The buyer’s agent has a separate role
An agent is retained by the buyer. This does not give them the powers of the auction organiser or platform operator, or the ability to guarantee admission, victory or removal of restrictions. A paid intermediary is not mandatory.
The scope may include searching, inspection, document review, application submission or delivery support. Specify included actions and those requiring a separate instruction.
Whose name appears in the application
Civil Code Article 1005 distinguishes two models. If the agent contracts in their own name, rights and obligations towards the third party arise for the agent. If they act in the principal’s name, they arise directly for the principal. An internal agency agreement does not automatically make the client the buyer identified in the protocol.
| Model | Agree before submission | Reconcile |
|---|---|---|
| In the client’s name | Representative authority and signature | Applicant, protocol and draft sale contract |
| In the agent’s name | Transfer of the result, cost and documentation | Do not assume free substitution of the winner |
| Advice only | Written output and scope | No application without a separate instruction |
The arrangement must fit the platform and particular sale. Check applicant and signatory evidence before closure. See the application guide.
Terms to put in the agency agreement
- Debtor, auction number and lot; no unauthorised replacement.
- Maximum purchase price and a separate additional-expense cap.
- Who may increase a bid and how approval is recorded.
- Fee and calculation base, whether fixed or percentage-based, and the completion trigger.
- Payment accounts, deposit evidence and unused-funds reconciliation.
- Report contents, delivery date and objection procedure.
- Consequences of cancellation, refusal, losing or discovering a defect.
Do not hand over your electronic-signature private key. Representation requires proper authority and signature arrangements, rather than a shared account password.
Budget without counting the deposit twice
Hypothetical example: the lot costs RUB 1,000,000 and a RUB 100,000 deposit is credited against the price. The balance is RUB 900,000. A fee agreed at 3% of the lot price is RUB 30,000; inspection and delivery cost RUB 20,000. The total is RUB 1,050,000, not RUB 1,150,000. Check taxes and other applicable charges separately.
A sale deposit and an advance to the agent are different payments. Compare bank details with the current notice and retain receipts. See the deposit guide.
Evidence to obtain from the agent
Retain the instruction and approved bid, notice and attachments, inspection record, submitted application files, platform receipt, admission and result protocols, payment records, contract and handover record. An undated photo without a lot identifier is not an adequate report.
Article 1008 requires reports and, unless the agreement provides otherwise, necessary expense evidence. The default objection period is 30 days from receipt; the agreement may prescribe a different period.
📋 Report acceptance checks
Link each sum to evidence; reconcile the bid with its cap, applicant and lot identifiers, remaining funds, completed actions and outstanding tasks. Deliver objections in a way that records receipt.
Frequently asked questions
Must an agent guarantee victory?
No. The agent can be responsible for agreed actions and breaches, while the outcome depends on the sale rules, admission and other bids.
Can I simply replace the winning agent in the sale contract?
Do not assume free substitution. Verify the participation model and transfer of the result before submission; an internal agreement alone is insufficient.
Is this about the insolvency of an agent or principal?
No. This guide concerns a buyer instructing an auction representative, which is a different search intent.
Sources and review date
Legal provisions checked on 23 October 2026. Future amendments not yet in force were not applied. Examples are hypothetical.
Bring the agency agreement, sale notice, draft application and approved budget for review.
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